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Battery charges for basically pushing somebody I just met out of my garage that was trying to come in

San Diego, CA |

I had met a woman and we hung out, drank some beer in my garage for a night. Then met the next day and then the 3rd time we hung out drinking there was some sort of disagreement that I can't even remember and I had her leave. I think I woke up and saw her going through my stuff and told her to leave. I don't remember it too well but then she opened the garage door and tried to come back in and I pushed her out and told her to leave. She came back later with the Police and I was arrested for Batery. They woke me up and I wasn't all there and said that she tried to come in and I pushed her out. I don't think she is making any charges? Who is it that would make a charge, or hold up a charge? Her or the Police? What am I looking at?

Attorney Answers 3


Once the police are involved it is up to the prosecutors office to charge you with a crime. Your friend at this point does not have the option of "dropping charges".

From what you've posted above it sounds like this is a simple misdemeanor battery (Ca Penal Code Section 242) unless there was some type of dating or sexual relationship with this woman, then it would be considered a domestic violence charge which can either be a misdemeanor or a battery, depending on whether there were any injuries. A misdemeanor battery is 6 months max in jail, and a domestic violence charge can either be 1 year in jail, or if a felony, the sentencing range is 16 months as the low tern, 2 years as the mid term, and 3 years as the max in state prison.

Make sure to keep an eye on your mail - the prosecutors may send you a letter in the mail indicating they have filed a case against you. The best thing to do is take care of it right away and talk to a good lawyer.

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You should be consulting with locally experienced attorneys who will be able to assist you on a "pre-file/investigatory" basis. Do not make any further statements to law enforcement and/or this woman without counsel present.

David P. Shapiro

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This sounds like an overblown situation, but there is always the possibility of filing of criminal charges - from what you describe (from your memory although you were drinking), it sounds like misdemeanor conduct at best.

Given all that you wrote, you may want to consult with a criminal defense attorney to run some interference for you to try and avoid the filing of charges. Mr. Shapiro would be an excellent place to start.

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